对商品房预售合同的认识

Research on the Contract of Selling Commodity Houses in Advance

商品房预售合同是近几年来我国房地产市场中出现的新事物,实践中人们对其还存在着许多模糊的认识。本文认为,商品房预售合同不是预约买卖合同、期货买卖合同、附期限买卖合同、分期付款买卖合同,而是远期交货合同。本文从商品房预售合同的主体及形式方面分折了商品房预售合同的有效条件,并提出了商品房预售合同纠纷的处理原则。

The contract of selling commodity houses in advance which has only appeared in our real estate market in recent years has not been known clearly by people how to be put into practice. The kind of contract is not the ones of buying and selling of subscription or futures or paying by installments, but a contract of long-term delivering goods. The essay not only analyzes the valid conditions on the contract of selling commodity houses in advance on the aspect of the main part and the form, but also put forward the principles of dealing with the contract of selling commodity houses in advance.